Some 20 organisations are calling on the government to set a timeframe for the implementation of a new law set to suspend planning applications until the entire appeals process has been concluded. 

Earlier this week, the planning ministry promised new legislation ensuring that when a planning application is disputed at the planning appeals tribunal or even the Court of Appeal, construction will not be allowed to go forward until these appeals are concluded. 

On Wednesday, the NGOs called for the immediate implementation of such a measure.

They said despite the promised changes, there has been no commitment to any timeframes.

Furthermore, there were no guarantees that the new legislation would solve the problems Malta and its citizens were facing, the activists added.

The NGOs are protesting a recent decision by the PA to overturn a court of appeal judgement presided by Chief Justice Mark Chetcuti. That decision, they said, was "flagrantly abusive".

The sanctioning is linked to the development of apartment blocks with pools in rural Gozo which was proposed in two different applications in 2020 and 2021.

Activists had insisted the applications could not be judged singularly and in a vacuum, as they formed part of an attempt to fragment a mega-development to avoid the scrutiny such a large project would require. 

In one of the applications (PA2035/21), Mark Agius, a developer and business partner of Portelli, applied to excavate a site and construct 29 apartments, 20 basement garages and a pool. The proposal was approved in 2021.

Heritage NGO Din L-Art Ħelwa had filed an appeal against the PA’s approval. When the  Environment and Planning Tribunal also approved the development, it took the issue to the law courts.

In March, Chief Justice Mark Chetcuti noted that the EPRT had incorrectly applied policies when it approved the development.

The court noted that the approved pool and penthouse floor level should not have been approved, and the permit for this part was revoked.

However, by then both the pool and the penthouses had been constructed and an application (PA/03869/24) to sanction two of the illegal penthouses was filed by Tarlochan Singh.

In the application, Singh declared he is not an owner of the entire site, but is authorised to carry out the proposed development through an agreement with the owner.

Flimkien għal Ambjent Aħjar and DLĦ protested the sanctioning with the latter applying for the revocation of the sanctioning permit.

Arnold Cassola has meanwhile asked the Commissioner for Environment and Planning within the Office of the Ombudsman to look into the matter.

On Wednesday, the group of NGOs said the fact the PA "feels it can disregard the Court of Appeal’s declaration and final judgment and subsequently sanction this property is not acceptable and accentuates the urgency with which the planning laws need to be amended".

The rule of law should apply across the entire legislation including that of planning and environmental issues.

They are calling for an urgent meeting with the Prime Minister and the planning minister to discuss the proposed amendments and set a timeframe.

The organisations are BirdLife Malta, Din l-Art Ħelwa, Flimkien għal Ambjent Aħjar, Friends of the Earth Malta, Għawdix, Moviment Graffitti, Nature Trust Malta, Ramblers Association Malta, The Archaeological Society Malta, Wirt Għawdex, Azzjoni Tuna Artna Lura, Għaqda Residenti tal-Qrendi, Għaqda Storja u Kultura Birżebbuġa, Marsaskala Residents Network, Marsaxlokk Heritage, Nadur Nadif, Residenti Beltin, Sliema Residents Association and Wirt iż-Żejtun.

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